Comments on: The EU fight against yuck ePatents http://www.lessig.org/2003/08/the-eu-fight-against-yuck-epat/ Blog, news, books Tue, 10 Oct 2017 06:01:00 +0000 hourly 1 http://wordpress.org/?v=3.8.2 By: eddy nguyen http://www.lessig.org/2003/08/the-eu-fight-against-yuck-epat/#comment-47186 Wed, 25 Jun 2014 11:02:00 +0000 http://lessig.org/blog/2003/08/the_eu_fight_against_yuck_epat.html#comment-47186 hanoi street food tourhanoi food tourstreet food tour hanoihanoi street foodstreet food hanoi

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By: jason http://www.lessig.org/2003/08/the-eu-fight-against-yuck-epat/#comment-23690 Thu, 07 Oct 2004 22:31:38 +0000 http://lessig.org/blog/2003/08/the_eu_fight_against_yuck_epat.html#comment-23690 heres a proposal for you.
Premise 1: patents and patent enforcement exist so that research and development do not go unrewarded. If you couldn’t make a profit on R&D, you wouldn’t do it.
Premise 2: it is the governments job to enforce property rights, including patents.
Premise 3: it is also the job of government to regulate, break up, or otherwise restrict monopolies, so that a normal free market, with fair competition can be maintained.
Premise 4: software patents require relatively litle in the way of capital investment when compared to such things as nuclear reactors, or prescription pharmaceuticals. despite this low development cost, software technologies are widely used, sugesting that an economy of scale can resolve our problems if properly aplied.

conclusion: allow software patents, but put a cap of 10 times the development cost on the patent. once your company has made back 10 times the estimated initial investment from licenceing fees, the patent automatically goes to the public domain. Aditionally, you must accept money from someone if they wish to contribute to a particular patents buy out. if you use your patent to try to force competitors out of buisness, they can band together to buy out your patent, even against your will. this proposel ensures that you can be fairly compensated for your intelectual property, while still protecting those like the open source comunity from predatory practices by monopoly powers. the process of declaring a patent to be invalid due to prior art should also be streamlined.

this proposal comes from the principles of economics. monopolies have been shown to be capaple of amassing vast wealth, and patents currently have the ability of creating monopolies, therefore everyone abuses the system to the fullest extent possible. if we remove the ability to use patents to drive competitors out of buisness and/or charge them arbitrarily high prices, we will remove the incentive to file invalid patents by the thousands. we can then return to using patents as just a protection of the inovator, and not a way to stifle inovation.

feel free to pass this proposal on to others, especially your senator, or congressman. I certainly intend to.
sincerely -jason

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By: Kevin http://www.lessig.org/2003/08/the-eu-fight-against-yuck-epat/#comment-23689 Wed, 24 Sep 2003 12:58:49 +0000 http://lessig.org/blog/2003/08/the_eu_fight_against_yuck_epat.html#comment-23689 I also agree that convincing Mr/Ms Six-pack that software patents will have a negative impact on them, and something that most of us seem to care about is money. So let’s use that, because there’s no doubt in my mind that the immense pressure being put on the EU to adopt software patents is largely due to the threat of Free software, which has now reached the point that it’s winning against proprietary software on a level playing field.

Bu more than this, if free software was to become the basis of the next generation of media formats, then we’d be in a position to keep the freedoms that we currently enjoy. Enter the media giants – that’s why they’re so active in this area too.

So sell the future as one where our books can only be read on the computer we used to download them, might expire, would probably disappear when we upgrade our computers. Same with our music and films.

We’d need be forced to buy special equipment from a monopoly of manufacturers who would name their price. This equipment would be made to be used only in the way the manufacturer intended – already, my DVD player forces me to sit through annoying intros (copyright messages I can accept, but program intros, etc. should be optional) under instruction from the disc (I get ‘Operation prohibited’).

So it’s already starting, and it’s going to get much worse. Corporations want full control, and Free software is the only realistic defense we have. And they want to crush it with software patents, because you need lots of money to do it, and few Free software projects have that kind of money.

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By: Bernhard K. http://www.lessig.org/2003/08/the-eu-fight-against-yuck-epat/#comment-23688 Sun, 07 Sep 2003 10:42:08 +0000 http://lessig.org/blog/2003/08/the_eu_fight_against_yuck_epat.html#comment-23688 Of course not, MS is a monopolist, they don’t ask for a share of money – they have enough of that – they just ask to do as they want it – one example:

http://www.advogato.org/article/101.html

As STAC, in the old MS-DOS days sued MS, MS and STAC settled, but not without merging, practically MS just used it’s power to buy a competitor and use it.

So IBM and MS have different ideas. IBM is not about excluding competitors, MS/Bill Gates (as quoted) is.

I’m sure MS also uses patents to get low prices for buying small software companies, which is something MS regulary does, but you never get the details of these deals…

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By: Floyd McWilliams http://www.lessig.org/2003/08/the-eu-fight-against-yuck-epat/#comment-23687 Tue, 02 Sep 2003 18:09:05 +0000 http://lessig.org/blog/2003/08/the_eu_fight_against_yuck_epat.html#comment-23687 I work in the software industry and have been told that the worst abuser of software patents is IBM. They make millions each year by threatening to sue other companies. I don’t think Microsoft engages in any such behavior.

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By: Juan Carlos De Martin http://www.lessig.org/2003/08/the-eu-fight-against-yuck-epat/#comment-23686 Sat, 30 Aug 2003 07:19:09 +0000 http://lessig.org/blog/2003/08/the_eu_fight_against_yuck_epat.html#comment-23686 With a group colleagues and students we have sent letters to the MEP’s elected in our province. The typical reaction (which runs across party lines) so far is: 1. a clear interest in finding out why this apparently obscure technical matter solicits such activism and 2. a demand for more information.
The vote postponement gives us three more weeks to intensify the campaign and reach other Italian MEP’s.

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By: Karl-Friedrich Lenz http://www.lessig.org/2003/08/the-eu-fight-against-yuck-epat/#comment-23685 Sat, 30 Aug 2003 01:22:33 +0000 http://lessig.org/blog/2003/08/the_eu_fight_against_yuck_epat.html#comment-23685 The vote has been postponed from September 1st to at least September 24th.

Then, if the directive passes Parliament, there will be the issue of implementing the directive in the national law of the Member States. A directive has no legal effect until that happens.

Of course, in that case, the opponents will point to Recital 14 of the proposal. Which says that the directive does not change anything. And since the directive doesn’t change anything, there is zero need for any implementing legislation in the Member States.

So even if the directive proposal happens to find a majority in Parliament, that’s not the end of this fight.

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By: Adina Levin http://www.lessig.org/2003/08/the-eu-fight-against-yuck-epat/#comment-23684 Fri, 29 Aug 2003 22:57:54 +0000 http://lessig.org/blog/2003/08/the_eu_fight_against_yuck_epat.html#comment-23684 I’m no so convinced that nobody’s listening. When 2 million people protested the FCC rules on media consolidation, congress acted.

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By: Fuzzy http://www.lessig.org/2003/08/the-eu-fight-against-yuck-epat/#comment-23683 Fri, 29 Aug 2003 16:07:10 +0000 http://lessig.org/blog/2003/08/the_eu_fight_against_yuck_epat.html#comment-23683 Bill Gates is not Mussolini. Bill Gates is a person who understands software and business. As one of the richest people in the world, his statement has a great deal of relevance in this situation.
The purpose of the web protests was to try to raise public awareness. There are many people who use and follow certain Free or Open Source projects without being part of the Slashdot crowd. By having many different sites participate it can help expand the base of people who have heard of the problem.
Software is not currently patentable in the EU, so trying to ‘overwhelm the system’ is not useful. In the United States, there is a fee associated with filing a patent, so trying to ‘overwhelm the system’ would be more costly than effective.

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By: Ed Lyons http://www.lessig.org/2003/08/the-eu-fight-against-yuck-epat/#comment-23682 Fri, 29 Aug 2003 15:55:36 +0000 http://lessig.org/blog/2003/08/the_eu_fight_against_yuck_epat.html#comment-23682 I agree that convincing Joe Sixpack matters. But there are only a small amount of issues that he’ll care about. I think Joe understands the concept of “clean air” or “overfishing” but is he going to do something about that? Hardly.

Joe Sixpack will never care about intellectual property as long as he thinks he doesn’t own any. (Professor Lessig would say that he does own the public domain – but alas, Joe has forgotten.)

What will we do – send him a list of great public domain works and expired patents and give him a framed “certificate of ownership”?

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By: Mikael Pawlo http://www.lessig.org/2003/08/the-eu-fight-against-yuck-epat/#comment-23681 Fri, 29 Aug 2003 15:46:34 +0000 http://lessig.org/blog/2003/08/the_eu_fight_against_yuck_epat.html#comment-23681 I am told the vote has been postponed again, but I have not been able to confirm it.

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By: Stefan Bechtold http://www.lessig.org/2003/08/the-eu-fight-against-yuck-epat/#comment-23680 Fri, 29 Aug 2003 14:22:45 +0000 http://lessig.org/blog/2003/08/the_eu_fight_against_yuck_epat.html#comment-23680 It’s not that Americans are not “marching in the streets about this threat to the freedom to innovate” (nor that they are not amazing). It’s just that there are different sizes of protest marches. Sometimes, something like this may just not be enough.

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By: joe http://www.lessig.org/2003/08/the-eu-fight-against-yuck-epat/#comment-23679 Fri, 29 Aug 2003 13:46:29 +0000 http://lessig.org/blog/2003/08/the_eu_fight_against_yuck_epat.html#comment-23679 A: spend a little time thinking about how the importance of this can be conveyed to joe six-pack… if you can express the absurdity of something in a sentence in a manner that ensures that said six-pack will remember just how broken the system is, you’ve done more good than signing an on-line petition (note that the star wars kid petition has 78,000 signatories and the reclaim the public domain petition has 18,000 signatories).

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By: Ed Lyons http://www.lessig.org/2003/08/the-eu-fight-against-yuck-epat/#comment-23678 Fri, 29 Aug 2003 13:23:14 +0000 http://lessig.org/blog/2003/08/the_eu_fight_against_yuck_epat.html#comment-23678 (Sure, I’ll quote Gates on the problems with patents on the same day I quote Mussolini when I’m frustrated waiting 30 minutes for the T.)

Interesting how the Europeans are actually protesting on this. And while I support OSS sites’ online protests, what good will that do? I don’t know if all this electronic activism accomplishes anything. My friends on Capitol Hill tell me that web/email campaigns are generally ignored. (Sure – I felt good signing the Eldred petition, but now what?)

Should we encourage the masses to file thousands of unwarranted software patent claims to overwhelm the system? (Maybe I’ll try and patent the mouse click) Should we get a billboard in Crystal City, Virginia (home of US Patent and Trademark Office) that explains our case?

If we don’t go the traditional route (campaign contributions, full-time lobbyists, a free culture PAC) What exactly do we do about this stuff?

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